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UPDATE (Indonesia): 19 protesters still being detained while no action taken against the police officers responsible for the Bojong shooting

December 22, 2004

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
22 December 2004

[RE: UA-169-2004: INDONESIA: Police Officers shot live bullets to the protesters in Bojong Village, Kelapanunggal District]
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UP-83-2004: INDONESIA: 19 protesters still being detained while no action taken against the police officers responsible for the Bojong shooting

INDONESIA: Police impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the Bojong shooting in Indonesia, where police officers opened fire at demonstrators. The AHRC is concerned that no criminal charges have been brought and no independent inquiry held, even though the police disciplinary committee that was held regarding the incident has merely recommended that six of the responsible officers be transferred. Furthermore, 19 residents are still being detained in Bojor prison.

Your urgent intervention demanding police accountability is required. Please write a letter to the Attorney General and other relevant authorities demanding the immediate release of those being illegally detained, and an independent investigation into the violent behavior of the Bojor police officers that seriously injured six protesters.

For more information regarding the protest and police action, please see our previous appeal UA-169-2004: INDONESIA: Police Officers shot live bullets to the protesters in Bojong Village, Kelapanunggal District

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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Updated information:

On 10 December 2004 the Police's Code of Ethics Council found six officers guilty of violating Article 7 of the Police Code of Conduct in handling the demonstrations in Bonjong, Bojor District. The disciplinary committee subsequently imposed administrative sanctions on the officers and recommended that they be transferred. These officers are Second Insp. Parlaungan Simatupang of the Cileungsi Police subprecinct, Second Brig. Ahmad Walyuhri, Second Brig. Asep Saepul, Second Brig. Agus Gunawan, Second Brig. Sutopo and Second Brig. Roy Mustapa Dewa Samudra (all from the Bogor Police). However, no independent inquiry into the actions of the officers was held, and no criminal charges filed, even though six people were seriously injured as a result of their excessive use of force.

Meanwhile, nineteen Bojor residents who were illegally detained during the demonstrations on November 22 have still not been released. They are: Namin Bin Oman; Edi Ishandar bin Sahid; Dede Suparman; Akbar bin Yanto; Egan bin Nasah; Edi bin Egan; Adang bin Hermawan; Nazarudin bin Kustiwa; Atang bin Ontang; Amin Gunawan bin emi; Paing bin Isa; Jaluh bin Rasid; Ace bin Soma; Sanaan bin Ace; Mirda bin Umir; Dayat Supriyardin bin Nain; Rohim Suminta bin Tiung; Ata bin Naping and Wawan Alias Dadu. They have been charged with involvement in the protest and their case files submitted to the Cibinong Prosecutor's office.

Legal advocates of Bojong have filed charges against the Head of the Bojor regional police, Head of the Klapanunggal sectoral police and the Kedunghalang area BRIMOB [Mobile Brigade; Indonesia's paramilitary force] Commander. They have also demanded five billion rupiahs for each victim as compensation and a public apology from the six officers.

SUGGESTED ACTION:  

Please write to the Attorney General of Indonesia to release the arrested persons who are still in detention, appoint an independent investigation team to conduct a proper, impartial and urgent investigation into the Bojong conflict and take appropriate action to compensate the victims. Send a copy of your letter to the following authorities:

Sample letter:

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Dear Attorney General,

Re: INDONESIA: 19 protesters still being detained while no action taken against the police officers responsible for the Bojong shooting

I am outraged to learn that six officers involved in the Bojong shooting, Second Insp. Parlaungan Simatupang of the Cileungsi Police subprecinct, Second Brig. Ahmad Walyuhri, Second Brig. Asep Saepul, Second Brig. Agus Gunawan, Second Brig. Sutopo and Second Brig. Roy Mustapa Dewa Samudra (all from the Bogor Police), have been merely subjected to a disciplinary hearing, conducted by the Police's Code of Ethics Council. The disciplinary committee imposed only administrative sanctions on the officers and recommended that they be transferred, after being found guilty of violating Article 7 of the Police Code of Conduct. These officers are guilty of using excessive force against demonstrators, seriously injuring six persons, and should be prosecuted with criminal charges.

Furthermore, the Bojong residents who were illegally detained have yet to be released or even brought to court. I urge you to release them immediately, in accordance with international human rights standards. Their names are: Namin Bin Oman; Edi Ishandar bin Sahid; Dede Suparman; Akbar bin Yanto; Egan bin Nasah; Edi bin Egan; Adang bin Hermawan; Nazarudin bin Kustiwa; Atang bin Ontang; Amin Gunawan bin emi; Paing bin Isa; Jaluh bin Rasid; Ace bin Soma; Sanaan bin Ace; Mirda bin Umir; Dayat Supriyardin bin Nain; Rohim Suminta bin Tiung; Ata bin Naping and Wawan Alias Dadu.

Legal advocates from the Bojong community have apparently filed charges against the police at the Cibinong District Court. They have also demanded compensation of 5 billion rupiahs for each of the 35 victims and a public apology from the responsible officers.

The Attorney General's Department is under obligation to ensure that the law of the country is being upheld, and that those who break the law are punished and victims served justice. I trust that you will undertake your responsibilities seriously and ensure that the guilty officers are prosecuted according to the charges filed and justice is served to the victims. Only through such action will the rule of law will be established in the country and people's confidence in the police and justice institutions regained.

Furthermore, I urge you to pressure the Government of Indonesia to ratify the International Covenant on Civil and Political Rights (ICCPR), and to implement the Convention against Torture (CAT), to which Indonesia is a state party, without further delay in order to prevent abuses by the law enforcement officers in the future.

Yours sincerely,


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SEND A LETTER TO:

Mr. Abdul Rahman Saleh
Attorney General of Indonesia
Attorney General's Office
Jakarta
INDONESIA
Fax: +62 21 720 8557

SEND A COPY TO:

1. Mr. Susilo Bambang Yudoyono
President
Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782
E-mail: presiden@ri.go.id

2. Governor Sutiyoso
Gedung Balaikota
21st Floor, Jl. Medan Merdeka
Selatan No. 8-9, Jakarta 10110
INDONESIA
Tel: +62 21 344 7005 or 345 6058
Fax: +62 21 384 8653

3. Gen. Dai Bachtiar
National Chief of Police
Jl. Trunojoyo
No. 3 Kebayoran Baru
Jakarta Selatan
INDONESIA
Tel: +62 21 7218001 / 726 0306
Fax: + 62 21 720 7277
E-mail: polri@polri.go.id

4. KOMNAS HAM [National Human Rights Commission of Indonesia]
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230 
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id

5. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Sayed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9006/ 9016/ 9018
E-mail: ssyed@ohchr.org

6. Ms. Hina Jilani
Special Representative for human rights defenders
Att: Ben Majekodunmi
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-83-2004
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.